Media Release Saturday 3rd September 2016
Right to Life respectfully questions a proposal by Sir Geoffrey Palmer that all applications for euthanasia, or less
euphemistically a doctor killing a patient or assisting in their suicide, should be put to a Judge in the Family Court.
Sir Geoffrey Palmer seems to believe that this will prevent potential abuse. Has Sir Geoffrey really thought through the
implications of making a Family Court Judge the final arbitrator of whether a doctor may kill or assist in the suicide
of a patient?
Right to Life considers that if implemented this proposal would result in the corruption of the Judiciary and
detrimentally impact the legal profession. New Zealand abolished the death penalty in 1989. Sir Geoffrey’s proposal to
involve the judiciary in deciding who can live and die is effectively reintroducing capital punishment. Homicide and
assisting in a suicide are serious crimes, they do not gain legitimacy simply by being authorised by a Judge.
Right to Life is disappointed that Sir Geoffrey who is a former Law Commission President should want to involve the
judiciary in depriving a person of their right to life. Has he consulted with the Judiciary? Do they support his
proposal? Sir Geoffrey’s proposal includes that the person is at least 18 years old and is capable of making decisions,
that they are a permanent New Zealand resident, and they have consented in writing before two independent witnesses. Two
medical practitioners must certify that they have a grievous and incurable medical condition and the medical condition
must be causing enduring suffering that is intolerable and finally that a medical practitioner be available to end the
life.
The sole objective of the Judiciary is to uphold justice. The role of a Family Court Judge is to make orders to protect
those in need of care, from children, through to older people. It is certainly not the role of a Family Court judge to
be the arbitrator of the right to give permission for a doctor to proceed to kill a patient or assist in their suicide.
This would be a travesty of justice and a violation of human rights.
Those people who advocate for euthanasia are prepared to violate the ethics of the medical profession. Is Sir Geoffrey
Palmer now proposing to violate the ethics of the judiciary?
Right to Life believes that the proposal does nothing to protect the life of the patient. It is assumed that the doctors
who have authorised doctor assisted suicide or a lethal injection for the patient, will not be required to appear in
court and that the Judge will not be required to interview the patient. We are now left with the conclusion that the
Judge is there simply to ensure that all the paperwork has been completed.
This proposal by Sir Geoffrey Palmer will do nothing to prevent abuses should euthanasia be decriminalised in New
Zealand. In Holland at least 23% of euthanasia deaths go unreported. Sir Geoffrey’s proposal will do nothing to prevent
deaths in this country from euthanasia abuse.
Ken Orr
Spokesperson,
Right to Life.